YAUHANNAH COURT RECORDS
ESTATE OF SARAH PAWLEY
The State of South Carolina
Charleston District
To the Honorable The Chancellor of the said State Humbly complaining your Orator Sextus T. Gaillard, Administrator with the will annexed of Sarah Pawley, late of Georgetown in the State aforesaid Spinister, deceased and Sarah B. Gaillard, his wife.- Skew to your Honors.--That the late Sarah Pawley by her Last Will and Testament in writing, bearing date the Twentieth day of March, in the year, One Thousand Eight Hundred and Twenty Five, did give and dispose as follows:
State of South Carolina
Georgetown District
In the name of God, Amen, I, Sarah Pawley of said State and District feeble in body but of sound mind and memory make this my Last Will and Testament. 1st ---I will that my Executors shall pay first my funeral expenses and all my just debts. 2nd.----I give, devise and bequeath to John P. Bossard, James Doughty, Francis Withers and Windham W. Trapier and their Executors my negro wench Dolly and her five children Lona, Patty and Florella, Grace,my man servant Tom, all my furniture and my gold watch and one fourth part of all my real estate in possession reversion remainder and expectancy to hold, keep and control the same. In trust, nevertheless to apply the rents profits issues hire and income thereof to the desent and comfortable support and maintenance of my nephew Dr. John W. Pawley during his life and at his death in Trust for such lawful issue of his body as may be living at the time of his death. 3rd.--I give, devise and bequeath to my said Trustees James Doughty, Francis Withers and Windham W. Trapier and their executors one other fourth part of all my real estate and my negro wench Clarinda. In Trust nevertheless also as aforesaid to be applied to the benefit and use of my grand nephew John P. Bossard, and my niece Mary Allston Pawley equally during their lives and in the event of the death of either or both to be applied as aforesaid to the use and benefit of his or her lawful issue of the body living at the time of his or her dearh. 4th I also give and devise and bequeath to my said Trustees John P. Bossard, James Doughty, Francis Withers and Windham W. Trapier and their executors one other fourth part of all my real estate as aforesaid. In Trust nevertheless for the benefit and use of my niece Mrs. Sarah B. Doughty during her natural life and on her decease to the lawful issue of her body being at the time of her death, remainder to be heirs of the body of said issue. 5th I also devise give and bequeath to my said Trustees and their executors another fourth part of all my real estate aforesaid..In trust nevertheless as aforesaid for the benefit and use of my niece Elizabeth F. Pawley during her natural life and at her death for the use and benefit of her lawful issue living at the time of her death. 6th This my will that in the event of the death of the said John W. Pawley, Sarah B. Doughty, Elizabeth F. Pawley, John P. Bossard or Mary Allston Pawley, he or she leaving no lawful issue of the body living at the time of his or her death that the part or portion of the avails profits hire and rents herein before directed to be applied to his or her use and benefit be applied by my said Trustees to the use and benefit of the survivor or survivors as aforesaid according to the time of their respective deaths. 7th This my will that my executors build a decent brick wall enclosing the burying ground and place of sculpture of my father and his family in the burying yard of the chapel on Waccamaw. 8th I will that my Exceutors appropriate to the use of the chapel on Waccamaw the sum of Fifty dollars by delivering the same to the Vestry of the Episcopal Church in the Parish of All Saints or to other authority legally empowered to receive and apply the same to the use of said chapel and also that they appropriate as aforesaid other Fifty dollars to the use of the Episcopal Church in Georgetown. 9th I hereby constitute and appoint my said Trustees John P. Bossard, James Doughty, Francis Withers and Windham W. Trapier Executors of this my Last Will and Testament revoking and annulling all other Wills and Testaments by me heretofore in any wise made.......Georgetown, March 20, 1825;......... Signed: Sarah Pawley
Signed, Sealed, Declared and published by the above named Sarah Pawley, the Testatrix as and for her Last Will and Testament in the presence of us who at her request and in her presence have subscribed our names as witnesses and in the presence of each other : Signed: Saml Smith, James Smith, Henry C. Flagg
That the Testatrix afterwards in the year One Thousand eight hundred and twenty eight departed this life, leaving the said Will in full force, without issue, and unmarried leaving John P. Bossard, your oratrix by her then named Sarah B. Doughty, Elizabeth F. Pawley and Mary Allston Pawley, who has since intermarried with Peter W. Fraser, Esq. surviving her . But John W. Pawley, one of the Legatees mentioned in the Will died in the lifetime of the Testatrix, intestate, without issue and unmarried. That the next of kin of the Testatrix at the time of her decease, were your Oratrix and Elizabeth F. Pawley, and Mary Allston Pawley, as by the table or pedigree in Schedule A. hereto annexed will more fully appear. Your Oratrix and the said Elizbeth F. Pawley being sisters, daughters of Testatrix sister Susan, who married her cousin Anthony Pawley and Mary Allston Pawley, being the daughter of Mary Allston Pawley, another of Testatrix sister, who married her cousin John Pawley. Your Orator and Oratrix further show to your Honor, that James Doughty, Francis Withers and Windham W. Trapier refused to prove the Will or to accept the trust, and that John P. Bossard, the other Trustee and Executor therein named, took upon him the execution of the said Will, and took possession of the woman Clarinda, and of all the negroes and nevertheless bequeath by the Testatrix to her nephew, John W. Pawley, and never rendered any account to your oratrix, or to any one else. That the said John P. Bossard died in the year One thousand Eight Hundred and Thirty Three, and the said negroes, Dolly, Lona, Patty, Florella, Grace, Clarinda and Tom, came to the hands of his widow and Executrix Charlotte Bossard. That your oratrix sister Elizabeth F. Pawley, departed this life in the year One Thousand Eight Hundred and Thirty Four, intestate without issue and unmarried, leaving your Oratrix her next of kin. That your Oratrix is entitled under the Will to one third part of the personal property bequeathed to John W. Pawley, as a lapsed legacy, and by the death of her sister, for one other third part thereof, and that Mary Allston Pawley who has intermarried with Peter W. Fraser, Esq.. as aforesaid is entitled to the other part thereof Or if the negroes and moveables given to the said John W. Pawley should be deemed to pass by the sixth clause of the Will then your Oratrix is entitled as one of the survivors, to a part of the said bequest, and to the part of the sister Elizabeth, either as her next of kin, or as one of the survivors, substituted under the limitation of the Will. That your Orator Sextus T. Gaillard, has lately proved the Testatrix Will and taken possession of the negro Tom, as belonging to the Estate, but delivered him again to the defendant Charlotte Bossard, on her giving security for his forthcoming, for abide the event of this suit. And your Orator and oratrix had well hoped, that the said Charlotte Bossard, Peter W. Fraser, and Mary Allston Fraser, would agree to have the estate of the Testatrix settled, and distributed among the Legatees, the Testatrix having left as it is believed no debts, or her debts having been long since paid. But now so it is may it please your honors, that the said Charlotte Bossard, combining and confederating with _____ persons to your orator and oratrix unknown, refuse to deliver for your Orator, as administrator de bonis non of the Testatrix , any of the assets in their hands, or in any manner to account for the same. In further consideration of the promises and forasmuch as your orator and oratrix are as more less at law, and can receive relief only in this Honorable Court, where matters of this suit are peculiarly cognizable.To the and therefore that the said Charlotte Bossard may all true and perfect answer make to the promises and that as fully and effectually, as if the same were here again repeated and interrogated. And particularly that she may set forth whoever she is not in possession of. The slaves Lena, Sally, Florella, Grace, Tom and Clarinda, whether the same slaves were not in possession of John P. Bossard in his lifetime and how long they had been and whether they were not in his possession from the death of the Testatrix and that she may admit asuch of the said John P. Bossard for pay the hire of said slaves, or set forth an account of his Estate; and that she may account for the Estate of Sarah Pawley, that came to the hands of the said John P. Bossard, and that the Estate of the said Sarah Pawley may be settled, and that your Orator and oratrix may have such other and further relief as the nature of this issue may require and to your Honors may seem meet.
May it please your Honors, to grant unto your orator and Oratrix a Writ of Subpena ad re apendendrum to be directed to the said Charlotte Bossard, Peter W. Fraser, and Mary Allston Fraser, and the rest of the considerates when discovered. Thereby commanding them and every of them at a certain day and under a certain form therein to be specified personally to be and appear before your Honors in of his honorable Court, and then and there to answer all and singular the promises aforesaid and to stand to perform and abide such ever directed and degree therein as to your Honors shall seem meet.-----------And your Orater and Oratrix will ever pray.----------Petigree Lesesne, Complainants Solicitor
Appendex A:
Father ----------Mother
1. Margaret Pawley mar Jehu Postell
Their dau:
Margaret Postell mar John Bossard
John P. Bossard ---d. 1833--------His children: Margaret, John, Sarah Bossard
Sarah B. Pawley mar James Doughty and Sextus T. Gaillard
John W. Pawley d. before testatrix
Elizabeth F. Pawley d. 1834
Mary Allston Pawley, now wife of Peter W. Fraser
Filed in Sumter County, South Carolina
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